MOOLCHAND @ MANGALCHAND Vs. BHAIRU SINGH RAWAT

JUDGEMENT

(1.) THE matter comes up on application filed by the petitioner -claimants for disposal of the writ petition in the light of judgment of this Court rendered in New India Assurance Company Ltd. vs. Smt. Bidami & Ors., reported in MACD : 2009 (2) (Raj.) 528). The application submitted by the petitioner -claimants is opposed by the counsel for the respondent No. 3, Insurance Company. The Insurance Company, while opposing the prayer made in the application, has filed its reply. In reply, the Insurance Company has referred to the judgment of Apex Court rendered in the case of Oriental Insurance Co. Ltd. vs. Dyamavva & Ors., 2013 ACJ 709.

(2.) AT this stage, with the consent of the rival parties, the matter is heard finally.

(3.) MR . B.L. Tiwari, the learned counsel for the petitioners, has argued that the learned Tribunal ought to have decided the claim petition on merits in the light of verdict rendered in Bidami Devi's case (supra). According to learned counsel, Mr. Tiwari, by consigning the claim petition to record, the learned Tribunal has failed to exercise the jurisdiction so vested in it, and therefore, the order impugned is not sustainable.